J. Anthony Barbera

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Charge:	Robbery (includes armed robbery)
Sentence:	Exonerated After Conviction But Prior to Sentencing
Years Imprisoned:	0.15
Year Crime:	1931
Year Convicted:	1931
Year Cleared:	1931
U.S. State or Country of Crime:	New York
County or Region of Crime:	Kings
City of Crime:	New York City
Result:	Judicially Exonerated Released
Summary of Case:	"J. Anthony Barbera was wrongly convicted of the robbery of a delicatessen of $70 on February 5, 1931 in Brooklyn, New York. The owner and his wife said the robber had a cap pulled down well over his face, but they gave a description of his general appearance. Several days later Barbera and three friends were seen by the police near a delicatessen, and he resembled the physical description of the robber. Barbera was taken to the delicatessen and wearing a cap over his face he walked in front of the owner and his wife. They identified him as the robber. Barbera professed his innocence and told police that at the time of the robbery he was at a movie theater with his fiancee, and that after the movie he met a cousin who introduced him to three other young men. All five witnesses confirmed Barbera's alibi when interviewed by the police. Barbera was indicted based on the eyewitness identification, and he was convicted by a jury on March 25, 1931. Barbera was facing 20 years in prison. While Barbera was awaiting sentencing, 19-year-old Harold Sorenson who was suspected of several delicatessen robberies, gave a credible confession to the robbery Barbera had been convicted of committing. On March 30, 1931 Sorenson repeated his confession in open court, and the Kings County District Attorney filed a motion to set-aside Barbera's conviction and dismiss his indictment. Kings County Supreme Court Judge A. I. Nova granted the motion and dismissed Barbera's indictment. Sorensen pled guilty to the crime and was convicted."
Conviction Caused By:	False eyewitness identification
Innocence Proved By:	"While Barbera was awaiting sentencing, 19-year-old Harold Sorenson who was suspected of several delicatessen robberies, gave a credible confession to the robbery Barbera had been convicted of committing. On March 30, 1931 Sorenson repeated his confession in open court, and the Kings County District Attorney filed a motion to set-aside Barbera's conviction and dismiss his indictment. Kings County Supreme Court Judge A. I. Nova granted the motion and dismissed Barbera's indictment. Sorensen pled guilty to the crime and was convicted."
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Was Perpetrator Identified?	Yes
Age When Imprisoned:
Age When Released:
Sex:	Male
Skin/Ethnicity:	White
Information Source 1:	"Convicting the Innocent - Sixty-Five Actual Errors of Criminal Justice, by Edwin Borchard, Yale Univ Press, 1932, Chapter 51"
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J. Anthony Barbera

Charge:

Robbery (includes armed robbery)

Sentence:

Exonerated After Conviction But Prior to Sentencing

Years Imprisoned:

0.15

Year Crime:

1931

Year Convicted:

1931

Year Cleared:

1931

U.S. State or Country of Crime:

New York

County or Region of Crime:

Kings

City of Crime:

New York City

Result:

Judicially Exonerated Released

Summary of Case:

Conviction Caused By:

False eyewitness identification

Innocence Proved By:

Defendant Aided By:

Compensation Awarded:

Was Perpetrator Identified?

Yes

Age When Imprisoned:

Age When Released:

Sex:

Male

Skin/Ethnicity:

White

Information Source 1:

"Convicting the Innocent - Sixty-Five Actual Errors of Criminal Justice, by Edwin Borchard, Yale Univ Press, 1932, Chapter 51"

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